No. 3. FRANCE. ADDITIONAL CONVENTION TO THE SUPPLEMENTARY COMMERCIAL CONVENTION OF JUNE 26, 1887, BETWEEN FRANCE AND CHINA.@ SIGNED AT PEKING, 20TH JUNE, 1895. The President of the French Republic and His Majesty the Emperor of China, being desirous of encouraging and extending along the SinoAnnamite frontier, henceforth defined as far as the Mekong," the extension of commercial relations between the two countries and of insuring the execution of the treaty of commerce signed at Tientsin, April 25, 1886, as well as of the Supplementary Convention, signed at Peking, June 26, 1887, have decided to conclude an Additional Convention, containing several new provisions and modifying certain of the provisions included in the previous documents. For this purpose the two High Contracting Parties have named as their respective Plenipotentiaries, to wit: The President of the French Republic, M. Auguste Gérard, Minister Plenipotentiary, Envoy Extraordinary of the French Republic in China, Officer of the Legion of Honor, etc., etc., and His Majesty the Emperor of China, His Highness Prince K'ing, Prince of the first rank, President of the Tsung-li Yamen, etc., etc., and His Excellency Hsü Yung-i, member of the Tsung-li Yamen and of the Grand Council of the Empire, etc., etc., Who having communicated their full powers, which have been recognized as in good and due form, have agreed on the following articles: ARTICLE I. It is agreed, so as to insure the policing of the frontier, that the French Government will have the right of maintainConsular agent ing an agent of the Consular order at Tong-hing opposite Monkay on the frontier of Kwang-tung. at Tong-hing. a Documents Diplomatiques, Chine, 1894-1898. p. 16-19. See also British and Foreign State Papers, Vol. LXXXVII, pp. 525–528. This was done by the Complementary Convention of June 20, 1895, to the Convention for the Boundary Delimitation between Tongking and China, signed June 26, 1887. See Documents Diplomatiques, Chine, 1894-1898, pp. 14–16. It is not given in the present collection. A further regulation will determine the conditions under which should be exercised, by agreement between the French and Chinese authorities, the mutual police of the Sino-Annamite frontier. Lung-chou, Mêng-tse, and Hok'ou opened to trade. ART. II. Article II of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows: It is agreed between the High Contracting Parties that the town of Lung-chou in Kwang-si and that of Mêng-tse in Yün-nan are open to Franco-Annamite commerce. It is furthermore understood that the locality open to commerce on the river route of Lao-kay to Mêng-tse will no longer be Man-hao, but Ho-k'ou, and that the French Government shall have the right of maintaining at Ho-k'ou an Agent under the Consul at Mêng-tse, at the same time the Chinese Government will keep a Customs agent there. to trade. ART. III. It is agreed that the town of Ssu-mao in Yün-nan shall be open to Franco-Annamite commerce, like LungSsu-mao opened chou and Mêng-tse, and that the French Government will have the right, as in the other open ports, of maintaining a Consul there, at the same time the Chinese Government can keep a Customs agent. The local authorities will exert themselves to facilitate the installation of the French Consul in a suitable residence. Frenchmen and French protegés may establish themselves at Ssumao under conditions provided for by Articles VII, X, XI, XII, and others of the Treaty of June 27, 1858; as well as by Article III of the Convention of April 25, 1886. Goods destined for China can be transported by the rivers, particularly the Lo-so and the Mekong as well as by land routes, and particularly by the official road, leading either from Mong-lê, or from I-pang to Ssu-mao and P'u-erh, the duties which. these goods will be subject to being paid at Ssu-mao. ART. IV. Article IX of the Commercial Convention of April 25, 1886, is modified as follows: Transit of goods across ChineseAnnam frontier. Regulations. (1) Chinese goods in transit from one or the other of the four towns open to commerce on the frontier, Lung-chou, Mêng-tse, Ssu-mao and Ho-k'ou, in passing through Annam, will pay, on leaving, duties reduced by fourtenths. A special certificate will be delivered setting forth the payment of this duty, and destined to accompany the goods. When they have come to the other town, they shall be exempt from the payment of import duty. (2) Chinese goods exported from the four above-named localities and transported to Chinese maritime or river ports, open to commerce, shall pay on passing the frontier export duty reduced by four-tenths. A special certificate will be delivered setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the maritime or river ports open to commerce, they shall pay the half re-importation duty in conformity with the general rule for all goods of like nature in the maritime or river ports open to commerce. (3) Chinese goods transported from Chinese maritime or river ports open to commerce, by way of Annam, towards the four above named localities, shall pay on crossing (the frontier) full duty. A special certificate will be delivered, setting forth the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the frontier customs stations they shall pay on entry half re-importation duty based on the reduction by four-tenths. (4) The above mentioned Chinese goods, when accompanied by the special certificate above mentioned, shall, before passing through the customs on exportation, or after passing through the customs on re-importation, be subject to the regulations governing native Chinese goods. ART. V. It is understood that China, for the exploitation of its Mining in Yün- mines in the provinces of Yün-nan, Kwang-si, and nan, Kwang-si, Kwang-tung, may call upon, in the first instance, and Kwang-tung. French manufacturers and engineers, the exploitation remaining nevertheless subject to the rules proclaimed by the Imperial Government as regarding national industries. It is agreed that railways either those already in existence, or those projected in Annam may, after mutual agreement, and under conditions to be defined, be continued on Chinese territory. ART. VI. Article II of the Telegraphic Convention between France and China, signed at Chefoo, December 1, 1888, is completed as follows: Extension of telegraph lines. D.-A junction shall be made between the Secondary Prefecture of Ssu-mao and Annam by two stations, which shall be Ssu-mao in China and Muang-ha-hin (Muong-ngay-neua) in Annam, midway between Lai-chou and Luang Prabang. The tariff shall be fixed in conformity with Article VI of the Telegraphic Convention of Chefoo. Provisions of Convention not to extend beyond lo calities named. ART. VII. It is agreed that the commercial stipulations contained in the present Convention being of a special nature, the result of mutual concessions resulting from the needs of the relations between Lung-chou, Ho-k'ou, Mêngtse, Ssu-mao, and Annam, the benefits resulting therefrom shall not be appealed to by the subjects and the protegés of the two High Contracting Parties except at the localities as well as on the river and land routes of the frontier here set forth. ART. VIII. The present stipulations shall come into force as if they were inserted in the text of the Additional Convention of June 26, 1887. Former treaties remain in force. ART. IX. The terms of former Treaties, Agreements and Conventions between France and China, not modified by the present Treaty shall remain in full force. The present Complementary Convention shall be ratified at once by His Majesty the Emperor of China, and after it shall have been ratified by the President of the French Republic, the exchange of ratifications shall take place at Peking with the least delay possible. Done at Peking in four copies 20th June 1895, corresponding to the 28th day of the 5th moon of the 21st year Kwang-hsü. (Signed) (Signed) A. GÉRARD. CHING. IDENTIC NOTES EXPLANATORY OF THE PROVISIONS OF THE COMMERCIAL CONVENTION BETWEEN FRANCE AND CHINA OF JUNE 20, 1895, AND OF THE RAILWAY CONTRACT OF JUNE 5, 1896.a THE TSUNG-LI YAMEN TO MR. GÉRARD, MINISTER OF THE FRENCH REPUBLIC AT PEKING. [Translation.] 13TH DAY, 5TH MOON, 23D YEAR KUANG-HSÜ (12 June 1897). The Imperial Government of China and the Government of the French Republic, animated with a mutual and equal desire to facilitate and develop, in conformity with treaties and conventions, and as evidence of their feelings of concord, neighborly and commercial relations between China and Annam, have striven by an interchange of views and an agreement between our Yamen and the Legation of the Republic, to define more precisely and clearly the carrying out of certain provisions of the convention made between China and France. With this object in view, our Yamen and the Legation of the Republic have agreed on the three following formulas: 1o. It is understood that in compliance with Article V of the Commercial Convention of June 20, 1895, as well as the contract of June 5, 1896, between the Compagnie de Fives-Lille and the official Administration of the Dong-dang and Lung-chou Railroad, and the despatches exchanged the 2d and 25th June of the same year between our Yamen and the Legation of the Republic, if the Compagnie de Fives-Lille has satisfactorily succeeded, and as soon as the line from Dong-dang to Lung-chou shall be finished, a request will of necessity be made it to continue the said line in the direction of Nan-ning and Pe-se. 2o. It is understood, in compliance with Article V of the Complementary Commercial Convention of June 20, 1895, that in the three. a Documents Diplomatiques, Chine, 1894-1898. p. 39. An identic note bearing the same date was sent to the Tsung-li Yamen by Mr. Gérard. See Ibid., p. 38. southern border provinces, Kuang-tung, Kuang-si and Yün-nan, the Chinese Government may call upon French engineers and manufacturers for working mines. 3o. It is understood that China shall undertake works for the improvement of navigation on the upper Red River, and that in the interest of commerce she will grade and improve the route from Ho-k`ou to Man-hao and Meng-tse as far as the provincial capital. It is understood furthermore that the right will be conceded to construct a railway communication between the Annam frontier and the provincial capital, either by way of the Pe-se river region, or by that of the upper Red River; the (preliminary) studies and the carrying out by China to be done gradually. These formulas are incorporated in the present exchange of despatches as evidence. Our Yamen and the Legation of the Republic, faithful interpreters of the mutual opinion of the two Governments, agree that these formulas are intended to define certain provisions of the conventions previously concluded between the two Governments, and to insure their effectual carrying out in a spirit of mutual confidence and good will, and in the equal interest of the two countries. (Follow the signatures of the President and the Members of the Tsung-li Yamen). |